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~Oshawa Report

To: Corporate Services Committee Item: Date of Report:

CORP-12-04 January 12, 2012

From: Rick Stockman, Commissioner File: Date of Meeting:

Corporate Services Department D-2200 January 19, 2012

Subject: Welding in Residential Areas

PUBLIC REPORT

1.0 PURPOSE

The purpose of this report is to respond to the September 15, 2011 Finance and Administration Committee direction:

"That Correspondence FA-11-222 dated September 15, 2011 from Marin us Vandermeer requesting Council consider implementing a by-law to prohibit metal welding in residential areas be referred to staff for report back and that fire prevention be included in the staff review of this request."

2.0 RECOMMENDATION

That the Corporate Services Committee recommend to City Council:

1. That in response to Mr. Vandermeer's concerns that Municipal Law Enforcement continue to assess complaints regarding welding in residential areas on a case-by­case basis through the City's Nuisance and Noise By-laws; and

2. That Report CORP-12-04, "Welding in Residential Areas" dated January 12, 2012 be received for information.

3.0 EXECUTIVE SUMMARY

Welding is considered to be an industrial land use, and in some respects, a commercial land use, especially in uses such as auto repair garages. These welding activities are characterized as being; very intensive, carried out on a daily basis, involving the exchange of money for services, and required to comply with a variety of regulated safeguards used to protect the user and by-standers.

Welding could also be considered a Home Occupation use pursuant to Zoning By-law 60­94 ("Zoning By-law"). In such cases, the use would have to be carried out inside the dwelling and would be subject to strict Zoning and Fire Code regulations.

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Report to the Corporate Item: CORP-12-04 Services Committee (Continued) -2- Meeting Date: January 19, 2012

Notwithstanding the above, situations such as those of concern to Mr. Vandermeer are better described as welding activities carried out by "hobbyists" and do-it-yourself homeowners. These are not Home Occupations or Commercial and/or Industrial land uses as long as they do not operate for gain or profit.

The City's By-laws and provincial legislation, such as the Ontario Fire Code, only provide a significant level of safety and operational regulation for commercial-welding activities. In contrast, regulations which address non-commercial hobby welding are limited or nonexistent.

MLE records indicate that the majority of complaints regarding welding in residential areas are typically made with the assumption that a commercial-welding business is operating illegally. The investigation of such complaints has most often found that there is little or no merit to such complaints or that no substantive evidence exists to support referring the file for prosecution.

Section 5.17. of the Ontario Fire Code specifically speaks to Welding and Cutting in a commercial/industrial setting. Welding being conducted in a residential setting will be inspected and assessed individually to address safety concerns that may be present.

A survey of other municipalities found that complaints of hobbyist-type welding in residential areas are addressed in a similar manner as Oshawa and that the same evidentiary challenges have been encountered in trying to prove that a commercial welding use is occurring.

The most common method for addressing this type of complaint involves the use of nuisance or noise by-laws. Where there is clearly a commercial business, the use of the Zoning By-law .or Ontario Fire Code would be the preferred enforcement approach because of the opportunity for higher levels of fines and the deterrence potential.

Staff are not aware of any municipality which has prohibited welding in residential areas through their Zoning By-law.

4.0 INPUT FROM OTHER SOURCES

4.1 General

~ Planning Services ~ Fire Services ~ Legal Services ~ Ministry of the Environment ~ Technical Standards and Safety Authority (TSSA) ~ Durham College, Welding Program Coordinator ~ Other municipalities

Report to the Corporate Item: CORP-12-04 Services Committee (Continued) -3- Meeting Date: January 19, 2012

4.2 Auditor General

~ The Auditor General has no comments.

5.0 ANALYSIS

5.1 Background

~ Correspondence (Attachment 1) from Mr. Vandermeer was received at the September 15, 2011 meeting of the Finance and Administration Committee requesting that the City consider implementing a by-law to prohibit metal welding in residential areas. Committee directed staff to report on Mr. Vandermeer's request.

~ In response to Mr. Vandermeer's earlier deputation, Committee received further correspondence (Attachment 2) from Denis Sabourin at its December 8, 2011 meeting. Committee directed staff to consider Mr. Sabourin's correspondence in the preparation of this report.

5.1.1 Welding and Potential Implications

~ Welding is a materials joining and/or cutting process facilitated by electric or oxygen-· fuel gas welding/cutting equipment or other allied processes. The process is used in a variety of applications from industrial uses to fine arts and household repair.

~ Welding and cutting operations can pose potential hazards to welders that may result in temporary or permanent physical injury, short or long term adverse health effects, and even death. These potential health hazards include exposure to fumes and gases, vision, heat, noise, radiation, as well as musculoskeletal injuries such as strains and sprains.

~ Risks and hazards associated with welding are dependent, to varying degrees, on:

• the material(s) being welded; • the process and the composition of the welding electrode (DC versus AC); • the working environment, for example, indoor versus outdoor; • the type and quality of natural and mechanical exhaust ventilation; • degree of enclosure of the work station; • length of exposure; and • personal protective equipment.

~ Despite the potential health and safety hazards, proactive safety measures can be undertaken to mitigate and abate the negative effects associated with welding. In residential situations, the use of safety equipment is not regulated under by-law, and would be addressed case by case through the Ontario Fire Code. Safety would be the decision of the homeowner using common sense and good judgement.

Report to the Corporate Item: CORP-12-04 Services Committee (Continued) -4- Meeting Date: January 19, 2012

~ Welding professionals have advised that in most cases, low-intensive oxy-acetylene and/or electric welding activities in open areas combined with safe-welding practices present a low-level of risk to bystanders' health and safety.

5.2 Regulations and Welding in Residential Areas

~ Welding and its effects are addressed through various City by-laws and provincial legislation; however, the majority of provisions typically address commercial welding (which includes Home Occupations). Regulations for addressing non-commercial and/or hobby welding (the Nuisance and Noise By-laws) are limited in comparison.

~ For the purposes of this report, hobby"welding will refer to welding as a pastime and/or enjoyment which is not undertaken for gain or profit. Hobby welding differs from the more intensive and disruptive counterpart commercial welding which is conducted for gain or profit.

5.2.1 Zoning By-law 60-94

~ The Zoning By-law regulates industrial/commercial activities such as welding in residential areas in broad terms by permitting certain types of Home Occupations. For ease of reference, the Home Occupation provisions are detailed in Attachment 3,

~ The Zoning By-law addresses, albeit broadly, commercial welding in residential areas through the following relevant Home Occupation provisions:

• prohibiting automobile repair garages, body shops and paint shops; • the Home Occupation must be secondary in nature and shall be no more than 25%

of the total floor area; • there shall be no outdoor storage or outdoor display of goods. Materials or

equipment; • shall not generate adverse effects as that from electrical interference, excessive

traffic, parking, noise or odour; and • no contracting equipment or supplies which are intended for use or consumption

off-site, nor any bulk storage of hazardous or noxious chemicals or other materials, shall be permitted to be kept or stored on property.

5.2.2 Noise By-law 112-82

~ The Noise By-law 112-82 ("Noise By-law") allows Officers to address any noise made at sufficient volume likely to disturb others beyond the property owner's lot. Since welding and its affiliated activities may produce noises which constitute a violation of the By-law, a fine may be imposed on the individual when evidence supports the prosecution of such an infraction.

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Report to the Corporate Item: CORP-12-04 Services Committee (Continued) - 5- Meeting Date: January 19, 2012

5.2.3 Nuisance By-law 65-2009

~ Under the Nuisance By-law 65-2009 ("Nuisance By-law") Officers may issue an Administrative Penalty and/or ORDER to the individual welding to discontinue their activity if it is:

• injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property; and/or

• disorderly, annoying, unpleasant or obnoxious.

5.2.4 Welding and the Fire Protection and Prevention Act: Ontario Fire Code

~ The Ontario Fire Code ("the Code") is a regulation made under the Fire Protection and Prevention Act. The Fire Code is a set of minimum standards respecting fire safety within and around existing buildings and facilities.

~ The Code prescribes extensive measures which relate to welding safety including the storage of compressed gases under Section 5.17; nevertheless, these provisions apply only to commercial operations.

~ If the activity is undertaken in a residential area as a hobby and not as a business, there are limitations to where the Code could be applied; however each case would be examined on an individual basis to assess and address any safety concerns present.

~ The storage of chemicals, compressed gases and spray painting used in commercial welding processes can be addressed by the Code in either a residential or industrial/commercial area.

5.2.5 Ministry of the Environment: Environmental Protection Act

~ Commercial welding operations which emit contaminants (air, sound, vibration, radiation etc.) are similarly regulated by the Environmental Protection Act. These provincial standards are designed to control the level of contaminants emitted by commercial operations.

~ Under the provincial legislation, businesses emitting contaminants must operate with a permit which is issued after their discharge of pollutants are qualified and quantified by Ministry of Environment Officers.

5.3 Past MLE Enforcement Activities Related to Welding

~ MLE enforcement of cases involving welding have been very limited and generally isolated to Home Occupation welding or hobby-related welding operations in residential areas.

Report to the Corporate Item: CORP-12-04 Services Committee (Continued) -6- Meeting Date: January 19, 2012

~ The investigation and enforcement of welding-type complaints has historically been addressed as a land use complaint. Where evidence supported a claim of a land-use infraction, compliance has been typically achieved voluntarily without the need for prosecution or fines.

~ Welding complaints are often directed to Fire Services and MLE for investigation. Because of the nature of such complaints, there is no blanket response as they must be addressed on a case-by-case basis to determine what is taking place, assessing whether it is lawful or not, and taking any appropriate next steps.

5.4 Welding in Residential Areas and Other Municipalities

~ A survey of other municipalities found that only the City of Ottawa and the Town of Ajax have addressed hobby welding in residential areas, and moreover, such cases were limited.

~ In their only residential hobby welding-related complaint, the City of Ottawa resolved the matter through its noise by-law and compliance was achieved following a conversation with the property owner.

~ The Town of Ajax addressed cases of hobby welding through their nuisance by-law.

~ The following themes were common amongst the majority of municipalities surveyed;

• commercial welding in residential areas was strictly regulated under municipal zoning by-laws through general zoning or Home Occupation provisions similar to those found in Oshawa's Zoning By-law;

• non-commercial/hobby welding, when addressed, were effectively dealt with under municipalities' nuisance and noise by-laws; and

• overall compliance was typically achieved by educating the property owner.

5.5 Prohibiting All Forms of Welding in Residential Areas

~ City by-laws and provincial regulations acknowledge that the intensive and disruptive effects of commercial/industrial welding practices are not well suited in residential areas. Accordingly, there are sufficient levels of provincial and City regulations to address commercial-welding practices in residential areas.

~ Welding is however a part of many non-commercial residential activities such as hobbies, household improvement projects and art which are typically less intensive than its commercial/industrial welding counterpart.

~ Given the utility of these less intensive non-commercial welding processes in residential areas and considering that these welding activities when practiced safely in open areas present a low-level of risk to bystanders' health and safety, prohibiting welding in residential areas is not a recommended approach.

Report to the Corporate Item: CORP-12-04 Services Committee (Continued) -7-. Meeting Date: January 19, 2012

).;> Alternat ively, the City's Nuisance and Noise By-laws enable the City to pursue a balanced approach to address the more intensive and frequent acts of non-commercial welding which are determined to be injurious to the health, offensive to the senses, or an obstruction to one's comfortable enjoyment of life and property.

6.0 FINANCIAL IMPLICATIONS

).;> There are no direct financial implications related to this report.

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

).;> The recommendation is in accordance with Objective C 1 (Enhancing quality of communities and/or neighbourhoods, to protect the safety, health, and well-being of the public and to ensure the continued enjoyment of property for residents and property owners of the municipality by better coordination of enforcement activities) .

Jerrytinlin , Director, <

Muni~al Law Enforcement and Licensing Services

'RiCkStockman, Commissioner Corporate Services Department

Attachments

Item: CORP-12-04 Attachment 1

September 15 2011

residential w

·Proposal This is a request that the City ofOshawa investigates and implements abylaw prohibiting the. use ofwelding equipment in areas zoned as residential.

Reason Welding is primarily an industrial activity, has dangerous properties and by-products associated with its use and includes additional activities that produce noise pollution.

· Information Arc Welding uses an electrical power supply.

. Safety issues include o Noise pollution - power is typically created from a large, very noisy generator · o Eye damage due to bright ultraviolet light, o Heat and sparks causing fire potential .and explosions, o Inhaled matter due to toxic gas, oxides and carbon dioxides o Interference with pacemakers due to high frequency AC power

Oxyacetylene welding, ·oxy welding, or gas welding -primarily gase·s ofsome type that include propane, propylene, liquefied petroleum gas (LPG), propane, natural gas, hydrogen, andMAPP gas. Welding and metal cutting are it's uses. Safety issues include

o Eye damage due to bright impact, ultra-violet, infrared and blue light o Fuel leakage- gases that are denser than air (Propane; Propylene, MAPP,

Butane) may escape the cylinders and collect in low areas- sparks or flame could cause dangerous explosions ·

o High pressure gas cylinders are very dangerous in cases oftip-over or hard knocks, becoming an extremely deadly flying missile propelled by gases, capable ofbreaking through brick walls.

o Chemical exposilre - certain metals, metal oxides, or carbon monoxide and gas welding produce various types oftoxic gases and chemical by-products.

o Flashback - flame propagating down the hoses ofan oxy-fuel welding and cutting system causing an explosion in the hose with the potential to injure or kill the operator.

Other Activities associated with welding .....~ '

The welding description and safety issues are very easy to fmd on the Internet in ... .... . some cases are common sense and has prompted me to pursue this bylaw. Reading

background information about welding has convinced me that a residential location is not the place for welding.

tl7

Welding is only the starting point for other activities such as the use and collection of metal that causes noise pollution, the cutting and grinding of metal to produce smoother welding joints and the spray painting of finished products. Welding is usually associated with creating products that could be sold and can encourages a welder to work at home, using his trade as a business opportunity with products and repairs to damaged metal products such as trailers and vehicles. However, welding for personal purposes is just as dangerous and disruptive to the neighbourhood. Welding is a process that requires specialized equipment and safety procedures. It is not simple soldering used in hobbies like creating stained glass pieces. It is a heavy­duty process that requires a proper environment like a factory or a shop and demands licensed and monitored safety processes. Welding is an industrial activity that should not be allowed in residential areas. It has many potential dangers and safety risks that can develop stress and worry for the surrounding neighbourhood, their families and their property.

Summary We believe that welding should be contained in industrial or rural areas that are more conducive to its uses. Welding in residential areas is very unsafe, is noisy, smelly and has characteristics that prevent the neighbourhood from enjoying their own properties. I ani not just asking for this bylaw change for general reasons. I have a neighbour who regularly welds 1 0 feet from my property line. I have small grandchildren that swim in our pool and I like to be able to sit in my backyard. These.activities prevent me from enjoying these activities due to the potential accidents. Other neighbours to his property are also very concerned with the welding and the associated noisy activities ..I am also aware of another individual that builds trailers in a residential area in a similar manner. The situation has the unreasonable risk ofan accident and the smells and sounds of welding and it's associated noisy activities.

I believe that all neighbourhoods in Oshawa should also not have to contend with the activities that are industrial in nature so that they feel safe and not have to worry and stress over potential·problems and noise.

Submitted by Marinus Vandermeer

S. 14(1 ), Municipal Freedom ofInformation and Protection ofPrivacy Act

S. 14(1), Municipal Freedom ofInformation and Protection of Privacy Ad

November 23, 2011

The City of Oshawa . 50 Centre Street South

Oshawa, O N L 1 H 3Z7

Attention: Mary Medeiros. Manager, Support Services

Dear Ms. Medeiros::

_f{E: Response to a pro{?osal to have a bylaw passed that would prohibjt residential welding ·

I My name is Mr. Sabourin and I am Marinus Vandermeer's neighbour. I have been married for 16 years and f 3 beautiful girls ages, 8, 15 and 17. I have lived behind Mr. Vandemeer for approximately

p my property well manicured well beyond the City of Oshawa's prope rty standards.

welder and have held a permanent full-time job for 25 years at the same company. I am

I also certified in . WHMIS, propane and dangerous goods handling, health and safety procedures, safety emergency reponse and CPR Since January I have worked over 2000 hours in this plant not including overtime. Last summer, our family spent 4 weeks away on vacation. Needless to say, between work. family obligations and property maintenance (including a pool and hot-tub), t ime for projects which ·might" include "welding'' is quite limited.

In Mr. Vandermeer's letter to Council dated September 15, 2011 , he implies that I am welding propane tanks and other dangerous items on my property which would be absolutely "suicidal". Mr. Vandermeer's confirms that he has collected his information with res pect to weld ing from the intemet, however, after reading his numerous safety concerns, it is my opinion that he is describing a full manufacturing welding business and not one done by a -hobbyist".

I have had the Oshawa Fire Department and By-Law Officers on my property on va rious occasions to inspect and on every occasion they found that I have met the Zoning and Property StandC;~rds By-Law. I fee l that the Zoning By-Law addresses any concerns that a resident may have regardi ng th e use o·f thei r property and f urther believe that the Property Standards By-Law addresses any concerns an individual ma y h ave about debris and maintenance issues. In any event, I was found '' NOT' to be in contravention of any By-Law s.

.j

Iij' lam t he father o

14 years. I kee

I am a certified

P.S. I would k indly request that this let1er by read at the Dec. 8, 2011 meeting@ 9:30am if on t he Agenda.

39­< • - --·-..·--.-~ ~ "' r . } ... ~ ' }, ' ~ . :> ~~ • • *

Item: CORP-12-04 Attachment 3

Excerpts from Zoning By-law 60-94

Zoning Definition:

"HOME OCCUPATION" means an occupation or business conducted for gain or profit within a dwelling unit by any resident of that dwelling unit, excluding the following occupations or businesses: kennels or other animal services, automobile repair garage or automobile body shop or paint shop, medical offices, restaurants, food preparation services, taxi services, bed and breakfast establishments and newspaper or catalogue distribution centres.

HOME OCCUPATIONS

5.3.1 A home occupation is a permitted use in all the zones that permit dwelling units and in existing dwelling units in any UR or EU Zone, subject to the provisions of this Subsection. (6-2008)

5.3.2 The home occupation use shall be clearly secondary to the use of the dwelling unit and be carried out by a resident or residents of the dwelling unit.

5.3.3 The total floor area taken up by all home occupations shall be no more than twenty-five percent (25%) of the total floor area of the dwelling unit and shall be confined to one

2 area and shall not exceed 28m . (61-201 0)

5.3.4 The home occupation shall not involve any changes to the external character of a building containing a dwelling unit. (138-2008)

5.3.5 The dwelling unit in which the home occupation is located shall be the principal residence, as defined in the Income Tax Act, of the person or persons engaged in the home occupation use.

5.3.6 Except for the home day care of a maximum of five persons (children or adults), no more than three persons shall be present in the dwelling unit at any time to receive treatment, services or instructions. (39-2004)

5.3.7 No retail sales shall be permitted as part of a home occupation use other than the sale of what is produced or repaired on-site.

5.3.8 The home occupation shall be restricted to the dwelling unit, except that it may be partially or wholly located in a garage attached to the dwelling unit provided the home occupation does not obstruct or eliminate a required parking space as set out in Article 4.21.1. (66-1998)

5.3.9 There shall be no outdoor storage or outdoor display of goods, materials or equipment.

5.3.1 0 The home occupation shall not generate adverse effects such as that from electrical interference, excessive traffic, parking, noise or odour.

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5.3.11 Notwithstanding Section 39 to the contrary, no additional parking spaces need be provided for a home occupation use apart from what is required for the dwelling unit. (66-1998)

5.3.12 The property on which the home occupation is located shall not be used as a meeting place or point of departure for off-site work for any employees who are not residents of the dwelling unit. (66-1998)

5.3.13 No contracting equipment or supplies which are intended for use or consumption off­site, nor any bulk storage of hazardous or noxious chemicals or other materials, shall be permitted to be kept or stored on the property.

98018-0610